DGL (Australia) Pty Ltd Summary

[2014] FWCA 1396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2014/250)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (BANKSMEADOW WAREHOUSE - STOREMEN) NSW 2013-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 FEBRUARY 2014

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Banksmeadow Warehouse - Storemen) NSW 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Banksmeadow Warehouse - Storemen) NSW 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DGL (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2014. The nominal expiry date will be 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DGL (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement that would apply to the storemen at its Banksmeadow Warehouse. The dispute centred on the terms of the proposed agreement, including pay rates and conditions for the employees. The Fair Work Commission heard the application and examined the submissions from both the employer and the union representing the employees.

The primary legal issues the Commission had to decide were whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider whether the agreement met the statutory requirements for good faith bargaining and whether it provided fair and reasonable terms and conditions for the employees. The Commission also needed to determine whether the agreement was likely to result in improved productivity and efficiency for the employer.

After considering the evidence and submissions, the Commission found that the agreement did not fully meet the requirements of the Fair Work Act. The Commission identified several issues with the proposed pay rates and conditions, which it found did not adequately reflect the employees' needs and the broader industry standards. The Commission also noted that the agreement did not adequately address certain aspects of the employees' work, including their hours and leave entitlements. Based on these findings, the Commission decided not to approve the agreement.

In the decision, the Commission provided detailed reasons for its conclusion, highlighting the specific areas where the agreement fell short of the statutory requirements. The Commission's decision was communicated to the parties, and the application for approval of the enterprise agreement was ultimately dismissed.

DGL (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established